ADMJ 103 Lecture Notes - Lecture 3: Malice Aforethought, Controlled Substances Act, Murder
Document Summary
Malice aforethought can be established by an intent to kill, an intent to cause serious bodily harm, the depraved indifference to human life, and the felony murder rule. Manslaughter is the unlawful killing of a human being without malice aforethought. Voluntary manslaughter: an intentional killing taking place during the heat of passion after legal provocation. Involuntary manslaughter: the reckless killing of a human being. Misdemeanor manslaughter rule: killing during the commission of a misdemeanor. First degree murder is committed by (1) the premeditated and deliberate killing of a human being and (2) the killing of a person during the commission of a dangerous felony. Jurisdictions are divided over whether premeditation and deliberation requires intent to kill and forethought or just intent to kill. Jurisdictions are divided over whether a dangerous felony must be dangerous by definition or can be any felony committed in a dangerous way.
